As the “natural environment for the growth and well-being” of children (Convention on the Rights of the Child, 1989, preamble), the family has long enjoyed special protection within international human rights law (e.g. International Covenant
on Civil and Political Rights, 1976, art. 23 & 24; International Covenant on Economic, Social, and Cultural Rights, 1976, art. 10; Universal Declaration of
... [Show full abstract] Human Rights, 1948). However, the concept of the family environment as the optimal setting for the development of children first appears in the Convention on the Rights of the Child (1989). The Convention recognizes that the “child ….should grow up in a family environment, in an atmosphere of happiness, love
and understanding” (preamble). To achieve this objective, the Convention directs governments to provide “necessary protection
and assistance” to families so that they can fully assume their responsibilities within the community (preamble). These responsibilities
include preparing children to be full participants in society.